It is possible to list the main differences between the appeal Decisionpath and the appeal decisionpath as follows:
First of all, there is a difference between the two ways of Deciphering the law in terms of the goal that is wanted to achieve. The appeal is to ensure uniformity in the Turkish judiciary, which is intended by the review and decisions of the Supreme Court, called the path of the law. In other words, the Supreme Court intends to make similar decisions for similar events all over the country with its appellate review. Because making different decisions for similar events in a legal state is a situation that will damage legal reliability. From this point of view, the Supreme Court conducts a compliance audit. The purpose of the appeal law is to ensure that a fair decision is made by the courts. For this reason, the District Court Courts determine whether the decision made is fair both by conducting a material incident review and by conducting a compliance audit to ensure that the decision is made correctly. District Court Courts do not have such a goal as ensuring uniformity in the judiciary, the main goal is to ensure that the material truth is revealed in order to make the most just decision in accordance with the concrete case.
The Supreme Court can only conduct a compliance audit on the files that come before it for an appeal review. From this point of view, the Supreme Court does not have the authority to control how the incident occurred, whether it was true. District Court Courts, on the other hand, also investigate the material reality by conducting a material event review while conducting an appeal review.
Given the purpose of the appeal law, the District Courts of the Courthouse, after overturning the decisions made by the court of first instance, often decide to re-hear the case instead of sending it back to the court of first instance. As a result of this decision, the case will be re-heard in the relevant District Court of Justice. The Supreme Court, on the other hand, sends the file to the court of first instance, which makes the decision, for the decisions it overturns.
The District Court Courts have a rule on the ability to bring evidence for files that have been examined on appeal. The parties can bring new evidence to the file. However, since only the compliance audit is carried out during the appeal review, it is not possible to bring evidence other than the evidence found in the file.
In the appeal examination held at the Supreme Court, the judge is bound by the requests contained in the appeal petition, he has no authority to examine any matter other than these. In the case of an appeal review, the court may also conduct an examination if necessary, other than the issues specified in the appeal petition.
Holding a hearing in the Supreme Court is exceptional and depends on the request. However, it is an exception to the rule that a hearing be held at the appeal examination and not to be held. In addition, the court is not bound by the request.
CONDUCTING A TRIAL REVIEW OF THE COURT OF APPEAL
The court of appeal may conduct an examination on the file or by opening a hearing. There is no need to have a request to open a trial. Resen himself can open a trial. In particular, let’s note that in the event of a change in the nature of the crime, a reduction and increase in the punishment, in all other cases it is decided to re-examine the case on a trial basis (Criminal Procedure Law 280/1-c), In the case of a judicial review, the court of appeal can decide in two ways:
The court of appeal may issue a refusal on the basis of a judicial review.
As a result of the judicial review, the court of appeal may re-establish its own judgment by removing the judgment of the court of first instance.
If the review is held at a hearing, the decision to overturn it can no longer be made. Because, the court of appeal has the authority to make a new decision by removing the provision instead of a decision to overturn it in the event of a judicial review.
Again, it is worth noting that the court of appeal can perform all the operations performed in the court of first instance, such as witness listening, appeal, discovery, expert witness during the pre-trial examination. (Criminal Procedure Law md. 281/2). In addition, if the nature of the crime changes, it may send the file to the court of first instance so that settlement transactions can be made.
HOW IS THE HEARING CONDUCTED IN THE APPEAL REVIEW?
When it is decided to open a hearing, the general provisions of the Criminal Procedure Law regarding the preparation of the hearing, the hearing and the decision are applied (Criminal Procedure Law282. substance)
At the hearing, the “examination report” prepared by the member judge is explained first (Criminal Procedure Law Article 282/1-a)
Then the reasoned decision of the court of first instance is explained (Criminal Procedure Law article 282/1-b)
Minutes of witness statements, discovery minutes, expert report, etc. the minutes and reports as well as the evidence collected during the preparation of the hearing are described (Criminal Procedure Law article 282/1-c)
The evidence and documents collected during the preparation of the hearing of the district court of justice, if any, the minutes and reports on the discovery and expert statements are read (Criminal Procedure Law article 282/1-d)
Witnesses and experts deemed necessary to be heard at the hearing of the district court of justice are called (Criminal Procedure Law article 282/1-d)
THE IMPORTANCE OF THE APPEAL LAW PATH
In terms of the establishment of law and the protection of rights, the importance of retaining is great. Decisions of the courts of first instance that are not in accordance with the law are determined and corrected by the district courts at the stage of appeal, or a new decision can be made by removing it. Experience shows that cases against them in courts of first instance can be turned in their favor at the stage of appeal. In this aspect, it also performs an important function for the protection and return of the rights of appeal. For this reason, it is of great importance that the application process is carried out with great precision and rigor, and that professional legal support is obtained from lawyers who are experts in the subject.
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